US designates 1.53 million acres as critical habitat for rusty patched bumble bee

The U.S. Fish and Wildlife Service designated 1,534,951 acres (621,172 hectares) of critical habitat for the rusty patched bumble bee (Bombus affinis) under the Endangered Species Act, according to a final rule signed by President Donald Trump and published in the Federal Register on June 1, 2026.

The designation covers 14 units in 33 counties across six states in the eastern United States, where the species was historically known to occur. The rusty patched bumble bee, listed as endangered, relies on these areas for foraging, nesting and overwintering.

Per the Federal Register notice, the rule affects federal agencies, private landowners, and project developers whose activities may impact the designated habitat.

The rule changes the operational baseline from a species listed as endangered without designated critical habitat to one with 1.53 million acres now mapped and protected. It takes effect July 1, 2026. Before this date, federal agencies faced no statutory requirement to consult on whether their actions would destroy or adversely modify the bee’s critical habitat.

After July 1, Section 7 consultations become mandatory for any federal action that may affect the designated areas, per the Federal Register document.

Downstream, federal agencies must now initiate consultation with the Fish and Wildlife Service on projects ranging from infrastructure construction to agricultural programs and energy development within the 14 units. The designation also informs permitting decisions under other statutes that reference critical habitat.

State and local governments that receive federal funding for projects in these counties will face additional review layers. The 38-page rule contains the precise boundaries and unit descriptions that trigger these requirements on the effective date.

This is the first critical habitat designation for the rusty patched bumble bee since it was listed under the Endangered Species Act. The final rule carries a regulation ID of 1018-BH72 and was issued without an open comment period at this stage, as it constitutes final agency action.

No congressional review period is specified in the notice, though the rule qualifies as significant under standard executive branch criteria.

The designation does not directly restrict private land use but requires federal agencies to avoid actions that would adversely modify the habitat. The Federal Register document lists the rule under topics that include endangered and threatened species, exports, imports, plants, reporting and recordkeeping requirements, and transportation.